The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016
PART 1
1Citation, commencement and extent
2Interpretation
3Scope
4Exceptions for trade fairs, exhibitions and demonstrations
PART 2
Chapter 1
5Design and manufacture in accordance with essential health and safety requirements
6Technical documentation and conformity assessment
7EU declaration of conformity and CE marking
8Retention of technical documentation and EU declaration of conformity
9Compliance procedures for series production
10Monitoring
11Labelling and packaging of products
12Labelling and packaging of products, other than components
13Information identifying manufacturer
14Instructions and safety information
15Duty to take action in respect of a product placed on the market which is considered not to be in conformity
16Provision of information and cooperation
17Authorised representatives
Chapter 2
18Prohibition on placing on the market products which are not in conformity
19Requirements which must be satisfied before an importer places a product on the market
20Prohibition on placing on the market products considered not to be in conformity with the essential health and safety requirements
21Information identifying importer
22Instructions and safety information
23Storage and transport
24Monitoring
25Duty to take action in respect of a product placed on the market which is considered not to be in conformity
26Provision of information and cooperation
27Retention of technical documentation and EU declaration of conformity
Chapter 3
28Duty to act with due care
29Requirements which must be satisfied before a distributor makes a product available on the market
30Storage and transport
31Prohibition on making available on the market where product not considered to be in conformity with safety objectives
32Duty to take action in respect of products made available on the market which are not in conformity
33Provision of information and cooperation
Chapter 4
34Cases in which obligations of manufacturers apply to importers and distributors
Chapter 5
35Identification of economic operators
36Prohibition on improper use of CE marking
37Translation of declaration of conformity
PART 3
38Presumption of conformity
39Conformity assessment procedures
40EU declaration of conformity
41CE Marking
PART 4
42Notified Bodies
43Presumption of conformity of notified bodies
44Notification
45Contents of Notification
46Monitoring
47United Kingdom Accreditation Service
48Changes to notifications
49Operational obligations of notified bodies
50Subsidiaries and contractors
PART 5
51Designation of market surveillance authority
52Enforcement
53Enforcement powers
54Exercise of enforcement powers
55Evaluation of a product presenting a risk
56Enforcement action in respect of products which are not in conformity and which present a risk
57EU safeguard procedure
58Enforcement action in respect of products which are in conformity, but present a risk
59Enforcement action in respect of formal non-compliance
60Restrictive measures
61Offences
62Penalties
63Defence of due diligence
64Liability of persons other than principal offender
65Time limit for prosecution of offences
66Service of documents
67Recovery of expenses of enforcement
68Action by the market surveillance authority
69Appeals against notices
70Appropriate court for appeals against notices
PART 6
71Review
72Transitional provisions
73Revocations and savings
74Consequential Amendments
SCHEDULE 1Essential Health and Safety Requirements
ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES (Annex II of the ATEX Directive)
1Preliminary observations
COMMON REQUIREMENTS FOR EQUIPMENT AND PROTECTIVE SYSTEMS
General requirements
2Principles of integrated explosion safety
3Special checking and maintenance conditions
4Surrounding area conditions
5Marking
6Instructions
7Selection of materials
8Design and construction
9Enclosed structures and prevention of leaks
10Dust deposits
11Additional means of protection
12Safe opening
13Protection against other hazards
14Overloading of equipment
15Flameproof enclosure systems
POTENTIAL IGNITION SOURCES
16Hazards arising from different ignition sources
17Hazards arising from static electricity
18Hazards arising from stray electric and leakage currents
19Hazards arising from overheating
20Hazards arising from pressure compensation operations
21Hazards arising from external effects
22Requirements in respect of safety-related devices
23Control and display units
24Requirements in respect of devices with a measuring function for explosion protection
25Risks arising from software
26Integration of safety requirements relating to the system
27Hazards arising from power failure
28Hazards arising from connections
29Placing of warning devices as parts of equipment
SUPPLEMENTARY REQUIREMENTS IN RESPECT OF EQUIPMENT
Requirements applicable to equipment in equipment - group I
30Requirements applicable to equipment in category M 1 of equipment-group I
31Requirements applicable to equipment in category M 2 of equipment-group I
Requirements applicable to equipment in category 1 of equipment - group II
32Explosive atmospheres caused by gases, vapours or mists
33Explosive atmospheres caused by air and dust mixtures
Requirements applicable to equipment category 2 of equipment - group II
34Explosive atmospheres caused by gases, vapours or mists
35Explosive atmospheres caused by air and dust mixtures
Requirements applicable to equipment category 3 of equipment – group II
36Explosive atmospheres caused by gases, vapours or mists
37Explosive atmospheres caused by air and dust mixtures
Supplementary requirements in respect of protective systems
38General requirements
Planning and design
39Characteristics of materials
40Pressure-relief systems
41Explosion suppression systems
42Explosion decoupling systems
43Protective systems must be capable of being integrated into a...
SCHEDULE 2Notified body requirements
1A conformity assessment body must be established in Great Britain...
2A conformity assessment body must be a third party body...
3A body belonging to a business association or professional federation...
4(1) A conformity assessment body, its top level management and...
5A conformity assessment body, its top level management and the...
6A conformity assessment body, its top level management and the...
7A conformity assessment body must ensure that the activities of...
8A conformity assessment body and its personnel must carry out...
9A conformity assessment body must be capable of carrying out...
10A conformity assessment body must have —
11A conformity assessment body must have the means necessary to...
12The personnel responsible for carrying out conformity assessment activities must...
13A conformity assessment body must be able to demonstrate the...
14The remuneration of the top level management and the personnel...
15A conformity assessment body must have, and must satisfy the...
16A conformity assessment body must ensure that its personnel observe...
17Paragraph 16 does not prevent the personnel from providing information...
18A conformity assessment body must participate in, or ensure that...
SCHEDULE 3Operational obligations of notified bodies
1A notified body must carry out conformity assessments in accordance...
2A notified body must carry out conformity assessments in a...
3A notified body must perform its activities taking due account...
4A notified body must respect the degree of rigour and...
5Where a notified body finds that essential health and safety...
6Where, in the course of the monitoring of conformity following...
7Where the notified body has required a manufacturer to take...
8Paragraph 9 applies where a notified body is minded to—...
9Where this paragraph applies, the notified body must—
10A notified body must inform the Secretary of State of—...
11A notified body must make provision in its contracts with...
12A notified body must provide other bodies notified under the...
13A notified body must participate in the work of any...
14A notified body must— (a) acknowledge receipt of the technical...
SCHEDULE 4Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act
1Enforcement powers under the 1974
2Modifications to the 1974 Act
SCHEDULE 5Compliance, withdrawal and recall notices
1Compliance notice
2Withdrawal notice
3Recall notice
4Interpretation
SCHEDULE 6EU Declaration of Conformity (No. XXXX)
1Product model/product (product, type, batch or serial number):
2Name and address of manufacturer and, where applicable, the authorised...
3This declaration of conformity is issued under the sole responsibility...
4Object of the declaration (identification of product allowing traceability; it...
5The object of the declaration described above is in conformity...
6References to the relevant harmonised standards used or references to...
7Where applicable, the notified body (name, number) performed (description of...
8Additional information: Signed for and on behalf of: (place and...

2016 No. 1107

Health And Safety

The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

Made

Laid before Parliament

Coming into force

The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to equipment and protective systems intended for use in potentially explosive atmospheres.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A3 of Schedule 2 to, the European Communities Act 1972: